Attorneys seek settlement on 2 St Lawrence Street

Settlement could be reached soon

By Ryan Mavity | Apr 05, 2012
Cape Gazette April 5, 2012
Photo by: Ryan Mavity A settlement could soon be reached in the land dispute between Rehoboth Beach and the owners of 2 St. Lawrence St. At issue is 150 feet of land east of 2 St. Lawrence's property line, which the property owners claim as theirs.

Rehoboth Beach — A settlement may soon be reached over a parcel of land along the Boardwalk in south Rehoboth Beach.

City Solicitor Glenn Mandalas and Chase Brockstedt, attorney for the owners of 2 St. Lawrence St. have been working on a settlement over claims to the property but negotiations are ongoing.

In January, Brockstedt appealed the Planning Commission’s denial of a partitioning for 2 St. Lawrence, owned by 2 St. Lawrence St. LLC. In his appeal, Brockstedt called the commission’s ruling arbitrary and capricious.

At issue is the owner's claim it owns 150 feet of land east of the property line, which includes sections of the beach and Boardwalk. While technically 2 St. Lawrence could be partitioned into two lots without the 150 extra feet, the LLC has remained steadfast in its claims to that land.

Complicating matters are conflicting deeds and surveys of the property dating back to the 1920s. The planning commission unanimously denied the partitioning because of the uncertainty in the dimensions of the oceanfront lot.

Previously, the two sides had worked out a loose framework for a resolution to the case. Under those terms, 2 St. Lawrence would give up its claims to land east of the property line in exchange for a licensing agreement from the city to keep that land as open space. Under those terms, the settlement would not have given 2 St. Lawrence a partitioning and the matter would be remanded back to the planning commission.

However, Brockstedt said the two sides were working on a different approach.

Of the current settlement, Mandalas said, “If the settlement is acceptable, there will be no appeal hearing. If, alternatively, the mayor and commissioners reject the proposal, an appeal hearing will be scheduled.”

At the planning commission’s March 9 meeting, Mandalas said a settlement will soon be brought before the city commissioners.